to Indonesian
a. that in the framework to increase competence, make sound business climate, keeping consumers and public protection in the health, secure and safety aspects as well as environment function;
b. that as effort to prepare good and consistent Standard Indonesian Rubber raw materials commodity to increase export of SIR products that are produced by crumb rubber industry;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to arrange quality control of traded SIR raw materials export commodity;
d. that based on consideration as intended in paragraphs a, b, and c, it is necessary to stipulate Regulation of the Minister of Trade.
1. Trade Law 1934 (Statute Book No. 86/1938) as amended and supplemented;
2. Law No. 5/1984 concerning Industry (Statute Book No. 2/1984, Supplement to Statute Book No. 3274);
3. Law No. 8/1999 concerning Consumers Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
4. Law No. 16/2004 concerning Plantation (Statute Book No. 85/2004, Supplement to Statute Book No. 4411);
5. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437);
6. Law No. 16/2006 concerning Management System of Plantation, Fishery and Forestry (Statute Book No. 92/2006, Supplement to Statute Book No. 4460);
7. Government Regulation No. 102/2000 concerning National Standardization;
8. Government Regulation No. 58/2001 concerning Management and Controlling of Consumers Protection Implementation (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);
9. Government Regulation No. 38/2007 concerning Division of Governmental Tasks among Central Government, Province Government, and District/Municipality Government;
10. Presidential Decree No. 260/1967 concerning Confirmation on Tasks and Responsibility of the Minister of Trade in Foreign Trade Sector;
11. Presidential Decree No. 187M/2004 concerning Establishment of United Indonesian Cabinet as amended by Presidential Decree No. 171/M/2005;
12. Presidential Regulation No. 9/2005 concerning Position, Tasks, Function, Organization Structure, and Working Flow of the State Ministry of Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
13. Presidential Regulation No. 10/2005 concerning Organization Unit and Tasks of Echelon I of State Ministry of Republic of Indonesia, as amended several times, the latest by Presidential Regulation No. 50/2008;
14. Decree of the Minister of Industry and Trade No. 164/MPP/Kep/6/1996 concerning Obligatory of Quality Control on the Certain Exported Goods;
15. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provision in Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
16. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Work Flow of Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
17. Regulation of the Minister of Agriculture No. 273/Kpts/OT.160/2007 concerning Guideline of Farmers Organization Management;
18. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning Issuance of Trading Business License (SIUP);
19. Regulation of the Minister of Domestic Affair No. 8/2008 concerning Code and Data of Regional Administration Areas;
20. Regulation of the Minister of Trade No. 10/M-DAG/PER/4/2008 concerning Provision on Technically Specified Indonesian Rubber (SIR) traded Overseas;
21. Regulation of the Minister of Agriculture No. 38/Permentan/OT.140/8/2008 concerning Processing and Marketing Guideline of Rubber Raw Materials (Bokar);
REGULATION OF THE MINISTER OF TRADE CONCERNING QUALITY CONTROL OF STANDARD INDONESIAN RUBBER RAW MATERIALS EXPORT COMMODITY
In this Ministerial Regulation:
1. Processing substance of Standard of Indonesian Rubber Export Commodity, hereinafter called Bokor SIR is rubber originated from plantation latex and rubber tree (Hevea Brasiliensis M) in the from of slab, lump, slab lump, ojol, unsmoked sheet, smoked sheet, cutting, crepe, blocked sheet and blanket.
2. Technical requirement is Bokor SIR quality required to be traded domestically and stipulated based on conditions of security, environment and economical aspects to get maximum benefit.
3. Contaminants are contamination substances that enter into Bokor SIR, intentionally or not.
4. Light Contaminants are small parts of tree skins are from tapping tree, small parts of wood and leaves of rubber tree that enter into Bokor SIR, intentionally or not.
5. Rubber Vulcanized Contaminants are Vulcanized rubber like small parts spoon, rubber thread, and other latex products, and rejected latex compound and other latex products that enter into Bokor SIR, intentionally or not.
6. Heavy Contaminants are soil, sand, mud, rope, jute sack, plastics, and other contaminants not in Light Contaminants and Rubber Vulcanized Contaminants, that enter into Bokor SIR, intentionally or not.
7. Lump Substances is formic acid liquid or other substances are recommended by credible rubber research institution.
8. Credible Rubber Research Institutions are Rubber Research Institutions accredited by National Institution Accreditation Committee of Research and Development (KNAPP).
9. Entrepreneur is individually or business entity, in the form of legal entity or not, established and domiciled or do activities in the state of the Republic Indonesia area, by itself or together with others by agreement, do business activities in Bokor SIR trading field.
10. Informal trader is individually that is not has business license, do small scale Bokor SIR trading activities by itself based on family bases.
11. Simulation Standard Sample is standard sample in the form of photos that are used as reference in the Bokor SIR quality inspection.
12. Verification is confirmation through inspection and prepare objective evidences of required conditions are fulfilled.
13. Crumb Rubber Industry is business or activities to process Bokor SIR become rubber particles as raw materials or industry through cleaning, filtering, drying and pressing process.
14. Rubber Processing Materials (Bokar) Processing and Marketing Unit, hereinafter called UPPB, is business unit that is established by two or more plantation groups as place to conduct technical guiding of plantation, temporary storing, and Bokar marketing.
15. Registration Certificate of UPPB, hereinafter abbreviated as STR-UPPB is written document as registration legality from district/municipality administrator, that show Bokar processing and marketing get guidance and fostering from government.
16. Bokor SIR Trader Registration Certificate, hereinafter called STPP-Bokor SIR is written document owned by entrepreneur or informal trader that trade Bokor-SIR as registration legality form from agency that has tasks and responsibility in trading in district/municipality.
17. Bokor SIR trading is activities of buying or selling Bokor SIR domestically.
18. Testing official is official who fulfil qualification from crumb rubber industry or and independent laboratory, has competency to conduct Bokor SIR quality testing.
19. Technical Direction of Bokor SIR quality testing is Documents that has testing procedure of Bokor SIR quality.
20. Verification official is official who has competency to conduct verification in periodically control and any time control.
21. Report of Bokor SIR quality Inspection Result is document that issued by testing official, stated that Bokor SIR party fulfil technical requirement or not.
22. Periodically Control is Bokor SIR quality testing, conduct by crumb rubber industry on the matching between Bokor SIR quality before buying with Bokor SIR technical requirements, and matching between implementation of Bokor SIR quality inspection that is conduct by testing official with decided technical direction of Bokor SIR quality testing.
23. Any time Control is control in crumb rubber industry location, in buing location or in other places where violation is suspected, or report on suspected violation of Bokor SIR technical requirements before buing or as follow up of periodically control.
24. Product Certificate of Using Indonesian National Standard Sign, hereinafter called SPPT-SNI is Product Certificate that is given by Product Certification Agency to the producer that product goods or services fulfilled SNI requirements.
25. Product Certification Agency, hereinafter called LSPro is agency that do Product Certification to use SNI Sign, that obtain accreditation.
26. Trading Business License, hereinafter abbreviated as SIUP is license to conduct trading business activities.
27. Minister is Minister who has tasks and responsibility in the trading field.
28. Director General is Director General of Foreign Trade.
29. Director is Director of Controlling and Control of Goods Quality.
Trading Bokor SIR quality control is regulated in Bokor SIR technical requirement, obligation of entrepreneur and informal trader, Bokoer SIR quality controlling, fostering and sanctions.
(1) Trading Bokor SIR by UPPB, entrepreneur or informal trader in the domestic market shall fulfil following technical requirements:
(2) Lump substance as intended in paragraph (1) d may formic acid or other lump substances.
(3) Other lump substances as intended in paragraph (2) can be used after get recommendation from credible Rubber Research Institution.
Bokor SIR as intended in Article 3 only can be traded by:
(1) UPPB, entrepreneur, and informal trader as intended in Article 4 that sell and store Bokor SIR have to fulfil technical requirement as intended in Article 3.
(2) Bokor SIR as intended in paragraph (1) only can be traded by registered UPPB, entrepreneur, and informal trader as intended in Article 4.
(3) Buying and storing of Bokor SIR by crumb rubber industry has to fulfil technical requirement as intended in Article 3.
(4) Buying of Bokor SIR as intended in paragraph (3) should from registered UPPB, entrepreneur and/or informal trader.
(1) Controlling of Bokor SIR trading and storing as intended in Article 5 by:
(2) Control as intended in paragraph (1) shall be conducted on the crumb rubber industry on the buying of Bokor SIR and UPPB, entrepreneur and/or informal trader as well as control on the storing of Bokor SIR.
(3) Control as intended in paragraph (1) b and c, shall be conducted on the UPPB, entrepreneur, and informal trader.
(1) Continuous Bokor SIR quality control as intended in Article 6 paragraph a, shall be conducted by quality control on every transaction at buying location in crumb rubber industry.
(2) Periodical Bokor SIR quality control as intended in Article 6 paragraph b, shall be conducted by quality control after buying Bokor SIR in crumb rubber industry, UPPB, entrepreneur, and informal trader.
(3) Any time Bokor SIR quality control as intended in Article 6 paragraph c, shall be conducted as following up of periodical control if there is any violation or report on the suspected violation in crumb rubber industry, UPPB, entrepreneur, and informal trader.
(1) Bokor SIR quality control as intended in Article 7 paragraph (1) shall be conducted by testing official by:
(2) Testing official as intended in paragraph (1) is appointed by Director on behalf of Director General.
(3) Sample of simulation standard as intended in paragraph (1) a, is stipulated by the Director.
(1) Quality control after buying Bokor SIR as intended in Article 7 paragraph (2) shall be conducted by verification official who is appointed by the Director.
(2) Verification official as intended in paragraph (1) is appointed by Director on behalf of Director General.
(3) Quality control as intended in paragraph (1) shall be conducted on the verification of:
(1) Any time control as intended in Article 7 paragraph (3) shall be conducted in crumb rubber industry location, in buying location, or in other places of suspected violation.
(2) Control as intended in paragraph (1) shall be conducted by verification official who is appointed by Director.
(3) Any time control as intended in paragraph (1) shall be conducted by:
(1) Implementation cost of Bokor SIR quality checking in every transaction as intended in Article 7 paragraph (1) shall be born by crumb rubber industry.
(2) Implementation cost of quality checking after buying Bokor SIR as intended in Article 7 paragraph (2), and any time control as intended in Article 7 paragraph (3) shall be born by Ministry of Trade Revenue and Expenditure Budget.
(1) Directorate General of Foreign Trade of Ministry of Trade in this case Directorate of Supervision and Control of Goods Quality shall coordinates with Province Agency and district/municipality Agency that has tasks and responsibility in trade to conduct fostering on the entrepreneurs, and informal traders.
(2) Fostering as intended in paragraph (1) shall be with related agencies and/or Indonesian Rubber Companies Association (Gapkindo).
(3) Fostering as intended in paragraph (1) in the form of technical help, training, consultation, or socialization of policy in Bokor SIR quality.
(1) Any violation on the provision as intended in Article 5 paragraph (1) by UPPB, entrepreneurs, and informal traders will be fined written warning.
(2) If within 1 (one) month after issuance written warning as intended in paragraph (1), UPPB, entrepreneurs, and informal traders that still make violation on the provision as intended in Article 5 paragraph (1) or already 2 (twice) written warning is issued, will be revoked of:
(3) STR-UPPB as intended in paragraph (2) a, shall be revoked by Head of Agency that has tasks and responsibility in plantation based on Director’s recommendation.
(4) STPP-Bokor SIR as intended in paragraph (2) b, shall be revoked by Head of Agency that has tasks and responsibility in trade in district/municipality based on Director’s recommendation.
(1) Every violation on the provision in Article 5 paragraph (2) by UPPB and informal trader will be fined sanction of revocation of Bokor SIR STR-UPPB or STPP-Bokor SIR and prohibition to trade Bokor SIR.
(2) Entrepreneur violation on the provision of Article 5 paragraph (2) will be fined revocation of SIUP sanction.
(3) Revocation of SIUP as intended in paragraph (2) shall be conducted by Head of Agency that has tasks and responsibility in trading in District/Municipality based on Director’s recommendation.
Banned to trade Bokor SIR to informal trader as intended in Article 14 paragraph (1) shall be conducted by Director through written notification and submit copy of that banned to:
(1) Any violation on the provision of Article 5 paragraph (3) by crumb rubber industry will be fine sanction of revocation SPPT-SNI by issuer LSPro.
(2) Revocation SPPT-SNI as intended in paragraph (1) shall be conducted by LSPro based on Director’s recommendation.
(3) Copy of recommendation as intended in paragraph (2) shall be submitted to National Accreditation Committee (KAN).
(1) Violation on the provision in Article 8 paragraph (1) a by Testing Official will be fined sanction of revocation of appointed as Testing Official by Director on behalf of Director General.
(2) In case violation by testing official as intended in paragraph (1) involve crumb rubber industry, responsible person of crumb rubber industry will be fined sanction of revocation SPPT-SNI by issuer LSPro based on Director’s recommendation.
(3) Copy of recommendation as intended in paragraph (2) shall be submitted to National Accreditation Committee (KAN).
Verification official as intended in Article 9 paragraph (1) who make verification report not according to the provision as intended in Article 9 paragraph (3) will be fined sanction of revocation of appointed as verification official by Director on behalf of Director General.
Implementation directives on thei Ministerial Regulation will be stipulated by Director General.
When this Ministerial Regulation comes into effect, Decree of the Minister of Industry and Trade No. 616/MPP/Kep/10/1999 concerning Compulsory Quality Control of SNI Crumb Rubber of the Standards of Indonesian Rubber in related with trade, shall be revoked and declared null and void.
This Ministerial Regulation shall take effect 6 (six) months as from the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on October 7, 2009
MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU